1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

Basic Facts

A. The Defendant was contracted with C Corporation (hereinafter “C Corporation”) by the Korea Western Development Co., Ltd. (hereinafter “Korea Western Development”) to a company established for the purpose of manufacturing and selling mutual aid machines, and the construction site.

B. From September 2014 to December 30, 2014, the Plaintiff, a construction materials company, supplied construction materials equivalent to 60,610,600 won at the construction site of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), and the purport of the whole pleading is asserted by the plaintiff, the plaintiff, the plaintiff, the defendant's employee or representative, E, D, N, etc. (hereinafter "E, etc.")

Since the Defendant supplied the instant materials upon receipt of a request to change the supply of construction materials from the construction site, the Defendant is referred to as the “instant contract for the supply of construction materials.”

as a party to the case shall pay the price.

Since E, etc. entered into the instant contract on behalf of the Plaintiff on behalf of the Defendant, the Defendant is liable to perform the contractual obligations as the principal under Article 114 of the Civil Act, and there was no authority to conclude the instant contract on behalf of E, etc.

Even if the plaintiff believed that E, etc. has the authority to conclude a contract on behalf of the defendant, and there is a justifiable reason to believe as such, the defendant bears the responsibility to act on behalf of the defendant under Article 126 of the Civil Code, and is also liable as the nominal lender under Article 24 of the Commercial Code

The defendant gains a profit equivalent to the price of materials supplied by the plaintiff, and the plaintiff suffered a considerable loss, and thus, the above amount is obligated to be refunded as unjust enrichment.

Defendant C Corporation hereinafter referred to as “F”)

Since the Defendant was awarded a lump sum subcontract to the Plaintiff, the Defendant did not directly conclude the instant contract with the Plaintiff.

E, etc. are employees of the defendant.